TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Director
THROUGH: Terrence Moore, ICMA-CM
DATE: August 12, 2025
Title
ACCEPTANCE OF A LANDSCAPE MAINTENANCE AGREEMENT FOR CITY RIGHT-OF-WAY, AND A LANDSCAPE MAINTENANCE AGREEMENT FOR FDOT RIGHT-OF-WAY FOR THE PROPERTY LOCATED AT 318 SE 5TH AVENUE, ALSO KNOWN AS ONIX DELRAY.
Body
Recommended Action:
Recommendation
Acceptance of a Landscape Maintenance Agreement (LMA) for City right-of-way, and an LMA for FDOT right-of-way for the property located at 318 SE 5th Avenue, known as Onix Delray.
Body
Background:
On March 22, 2023, the Site Plan Review and Appearance Board (SPRAB) voted to approve a Class V Site Plan application for the construction of a 79,732 square foot, four-story mixed-use building, inclusive of 4,489 square feet of ground floor retail space and 26 units, for the property at 318 SE 5th Avenue. The approved development included landscaping within the City and FDOT right-of-way along SE 3rd Street and SE 5th Avenue. On April 3, 2025, a Level 1 Site Plan Application was administratively approved to modify the original approval, which included a modification to landscape species along SE 5th Avenue. Pursuant to requirements of the Land Development Regulations (LDR), the property owner is responsible for perpetual maintenance of landscaping located in the right-of-way, which is stipulated in each LMA.
City Attorney Review:
Approved as to form and legal sufficiency.
Funding Source/Financial Impact:
N/A
Timing of Request:
Recordation of each LMA is required prior to issuance of a building permit for the approved project.